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FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2

FAR 52.227-4 Patent Indemnity—Construction Contracts.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This clause requires a construction contractor to protect the Government from liability for infringing United States patents that arises from performing the contract or from the Government's use or disposal of supplies or work under it. The contractor must cover the Government's costs and expenses, not just the liability itself. Alternate I lets the contracting officer list items that are excluded from this indemnification.

Applies to: Construction contracts that include this clause

What it requires

  • Indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, for patent infringement arising out of performing the contract or the Government's use or disposal of supplies or work under it

Key terms: indemnify · infringement · United States patent · Secrecy Order · Alternate I

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

As prescribed in 27.201-2(d)(1), insert the following clause:

Patent Indemnity—Construction Contracts (DEC 2007)

Except as otherwise provided, the Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of performing this contract or out of the use or disposal by or for the account of the Government of supplies furnished or work performed under this contract.

(End of clause)

Alternate I (DEC 2007). As prescribed in 27.201-2(d)(2), designate the first paragraph of the basic clause as paragraph (a) and add the following paragraph (b) to the basic clause:

(b) This patent indemnification shall not apply to the following items:

_______________

[Contracting Officer list the items to be excluded.]

Sections it refers to

Sections that refer to it

← 52.227-3 Patent Indemnity. · 52.227-5 Waiver of Indemnity. →

Rule changes for FAR Part 52

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 52.227-4 Patent Indemnity—Construction Contracts · SpendQuery